• Deceiving and defaming relationship

Hi, 
I am in a odd situation. This is 11th year of our marriage and have a 9months old kid. Recently, particularly after the baby came home, i came to know that my husband lied to me several time. Actually he never considered me as his family member. since our marriage, My in-laws were involved in wrong activities like using insulting words, taunting, defaming my parents and all. I never reacted to those much as thought my husband has no involvement in that (as he showed). I have recently came to know that All those things were basically silently supported by my spouse but deliberately hidden to console me. Now i am told that it was my duty to adjusted with those insults as my husband felt that these were nothing abnormal or uncommon. I am now forced to lead life as per his and his parents choice, otherwise i have to move out of that family. I have compromised my health, career, wishes everything for them in recent past just because i could jot hurt my husband. 
I know people will advise me for divorce. But i am not in mood. I have given more than my capacity to this marriage, now as my spouse is not interested to understand his faults, rather till lying to me, trying regulate my life against my wish to satisfy own sheer ego. i want to file a case of deceiving, defamation or whatever best possible option available in ndian law. I tried with local lawyer, but they also after divorce. I have given my best to this marriage so i deserve the same. But that can’t be assured by law. I need the community’s help to find proper directions which will help me to fight against such a dishonest spouse. Divorce can not be a solution when one has compromised her career and health and now has no earning with health hazards. A proper punishment to set an example is required so that before planfully destroying someone’s life people are forced to give a scond thought.
Asked 4 years ago in Family Law
Religion: Hindu

2 answers received in 10 minutes.

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21 Answers

If you don't want to file Divorce you can file Complaint against them under domestic voilence also can claim maintenance under 125 crpc.as well as FIR u/s 498A IPC. But when you file all this your husband may file divorce petition against you. You can file defamation depending on your incidents.

Prashant Nayak
Advocate, Mumbai
27224 Answers
88 Consultations

4.4 on 5.0

Dear Client,

Instead of Divorce better get judicial separation along with maintenance and separate accommodation for you and baby or rent on the ground of mental cruelty.

You can also get Protection order from court, in this case in laws shall be ordered no to communicate you in any form.

You can also complain to police and women cell for verbal abusing and threat.

At present no case of deceiving, defamation make out.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1) you cna file DV case against husband , in laws seek protection order

2) maintenance from husband

3) compensation for mental torture undergone by you

4) alternative accommodation from husband

5) contact a local lawyer

Ajay Sethi
Advocate, Mumbai
87898 Answers
6207 Consultations

5.0 on 5.0

You are not as aggrieved to go for drivers the only thing that you have to take charge of your life and familyThe law is with you and next time if you face any such problem simply call police 11090 and file a case of domestic violence against your inlaws and spouse in this case they will not go to the jail but reconciliation definitely be done by the police where you can speak up your problems so as to get them worn by the police for their acts.

This will also strengthen you to file a case under Section 498 a if subsequently you face any problem.

If you are facing any financial difficulty you can right to his department where is working to send support salary to you as per your demand otherwise go for maintenance for your self and child from the court he will be bound to pay the amount decided by the court.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Looks like you are going through a great deal of mental agony in this relationship. ]

No need to go for divorce, in case you do not want one.

Maybe the rift between you and your husband can be bridged in counselling.

Convince your husband to visit to a marriage counsellor along with you. In case he doesn't shows interest, report the matter to the women helpline and they will then call you husband for a discussion.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Dear Madam,

1. Your thoughts are appreciable and need of the hour.

2. Try to take him to some marriage counselling

3. Try to approach NGOs to conduct seminars on such issues where large number of married women facing similar situations but unable to come out of married bonds due to financial constraints.

4. Husband and wife are two faces of one coin and no other family can interfere into their private thought and mutual understandings.

5. Being educated a lady you should create a forum to share and file PIL which directs the government to create more and more platforms wherein spouses with ego's or trained, counselled to move on with present marriages as divorce petitions are on large scales at the risk of society.

6. presently in the given background of existing enactments you can teach your husband and his family members a small shock by filing DV case with following reliefs.

PRAYER

HENCE THE APPLICANT HUMBLY PRAYS

A) to take cognizance for the offence punishable u/s 498A IPC and punish Respondent No.1 to 3 as per law and extend police protection to the deponent,

B) Pass orders u/s 19, based upon S.17, granting separate residence for herself and her three children at a monthly rent of Rs. 20,000/- and advance of Rs. 5,00,000/-.

C) Pass orders u/s 18, in totality against Respondent No.1 to 3,

D) Pass orders u/s 20(i) granting Rs.25,000/- per month as maintenance for applicant and maintenance at the rate of Rs. 5,000/- each per month to her three children.

E) Pass orders granting Rs. 5,00,000/- for setting up house hold requirements, in granted residence, to make it livable, as the applicant cannot return to the house of Respondent No.1 as he is residing in the house of respondent No. 3, which is legally prohibited,

F) Pass orders granting litigation expenses of Rs.1,00,000/- as the applicant made to wander from pillar to post for getting legal aid to attend the Hon’ble Court, whereas, the Respondent No.1 falsely filed Divorce Petition.

G) The applicant also filed interim application supported by affidavit u/s 23(1) and (2) of D.V.Act,

H) That any other order/s, this Hon’ble Court deems fit, to meet the ends of justice, be passed.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Hello Mrs.

I have gone through the contents of your mail posted herein at Kaanoon.Com. It is unfortunate to heard that even after dominating vital part of your life, you have now realized that your hubby are involved in defaming, insulting, you along with your other in-laws collision. I would like to advice you that it your correct decision that the divorce is not a solution in your case, I personally feel that your husband and other family members required deep counselling proceeding and together with you as well. You know some time, we think that we are giving our best and in another eyes there may be chances of more then best as what we had done. Therefore, I would say not to file any divorce Petition against your husband. Its better you file Domestic Violence case under Section 12 of D.V. Act 2005. The said case is covered whatever a female members wants from the In-laws as well as from her husband. The said act is also covered not to insult you and your child, not to use filthy language, not to create any hindrance,trouble in your day to day life and affair, restraining thereby all the relatives of the husband who have indulged in perpetuate any cruelties, atrocities against you. Please do remember while staying with in laws house, i.e matrimonail house you can file the same. There is no bar at all. I am sure during the proceeding of the case the matter will be refer to the mediation center for amicable settlement, wherein you can raise all your problems to the court and mediator. I don't want to spoil your matrimonial and marital life by filing Divorce case, you are rightly said that the divorce is not solution. You must go for self respect. I can say you can do it. Make yourself like Durga And Kaali God's; you will see the music and peace atshopher in your life and home.

Regards

G.L.Soni

Advocate

G. L. Soni
Advocate, New Delhi
85 Answers
3 Consultations

5.0 on 5.0

You can approach the mediation centre In court of your local jurisdiction.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

While i understand your agony and anguish, you have to realize you are not alone anymore. You have a 9 month old kid who may have got a crappy dad but cannot and does not need a mother who will go all vindictive. Also while what your husband did was definitely wrong, I doubt it will come under cheating or defamation. Much as you hate to hear it, Divorce is the best option for you. Dont you think having all his wrong deeds splashed around or having to pay monthly will punish your husband just the same? However, if you do decide to be the bigger person, the other two options are 1) to go for marriage counselling to see if your husband can change or 2) go for a MCD with a hefty lump-sum amount as alimony for you and your kid.

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

5.0 on 5.0

Hello,

There can not be a case of deceiving, defamation.

You may go ahead and file a case of harassment and domestic violence.

You may go ahead and file the aforementioned cases and alogwith that you can file a case for divorce and claim compensation for the trauma that you faced.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

This is my response to you:

1. Take your husband to a marriage counsellor;

2. You can also appoint a lawyer as a mediator and try to resolve the disputes;

3. Frankly speaking defamation should be with respect to an public incident not just in front of family, but the building or society members or neighbours or your friends or strangers etc.;

4. It does not seem defamation has happened;

5. There is also not ample proof that cheating has happened to you;

6. If you wish to punish them then you can still file an NC to the police station;

7. What it is, is cruelty against you and that is a ground for divorce;

6. If there is irretrievable breakdown of marriage then just leave your spouse and move on;

7. Ask for custody of the child, and no visitation rights to the husband;

8. Ask for maximum maintenance for yourself and the child;

9. If possible ask the court to order the husband to pay rent of a house you and your kid choose to live in;

10. Consult a local lawyer, sit with him/her and then take legal steps.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Mam see under law for this cruelty you can file a case of domestic violence as there has been persistent mental cruelty to you the complaint before the police can be filed there shall be mediation if then they are ready to admit there mistakes and take you nicely you can withdraw the case and can take some mediation and can see if there is change or can make an MOU for same.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You have to file DV case

2) in said complaint seek compensation for mental torture undergone by you

3) your testimony and that of your family members , friends will help you in making out a case against husband

Ajay Sethi
Advocate, Mumbai
87898 Answers
6207 Consultations

5.0 on 5.0

1. You can claim maintenance and residence rights.

2.you can file a private complaint directly in court or can file a police complaint.

3. Since no direct evidencw there can be witness to same.to prove the regular mental torture and harassment.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

This is in further response to you:

1. If you file DV case then you have set criminal law in motion;

2. Then you most probably cannot co-habitat with your husband and his family;

3. The police will come to your house and arrest your husband and the inlaws;

4. So be careful if you go for DV case.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

1. You file a divorce case and claim alimony

Yes you can file DV case also

You statement will be sufficient to prove the crime.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Dear Madam,

The following information may kindly be read.

Domestic Violence: The term "domestic violence" includes elaborately all forms of actual abuse or threat of abuse of physical, sexual, verbal, emotional and economic nature that can harm, cause injury to, endanger the health, safety, life, limb or well-being, either mental or physical of the aggrieved person. The definition is wide enough to cover child sexual abuse, harassment caused to a woman or her relatives by unlawful dowry demands, and marital rape.

The kinds of abuse covered under the Act are:

1. Physical Abuse-

i. an act or conduct causing bodily pain, harm, or danger to life, limb, or health;

ii. an act that impairs the health or development of the aggrieved person;

iii. an act that amounts to assault, criminal intimidation and criminal force.

2. Sexual Abuse-

i. any conduct of a sexual nature that abuses, humiliates, degrades, or violates the dignity of a woman.

3. Verbal and Emotional Abuse-

i. any insult, ridicule, humiliation, name-calling;

ii. insults or ridicule for not having a child or a male child;

iii. repeated threats to cause physical pain to any person in whom the aggrieved person is interested.

4. Economic Abuse-

i. depriving the aggrieved person of economic or financial resources to which she is entitled under any law or custom or which she acquires out of necessity such as household necessities, stridhan, her jointly or separately owned property, maintenance, and rental payments;

ii. disposing of household assets or alienation of movable or immovable assets;

iii. restricting continued access to resources or facilities in which she has an interest or entitlement by virtue of the domestic relationship including access to the shared household.

5. Domestic Relationship: A domestic relationship as under the Act includes live-in relationships and other relationships arising out of membership in a family.

6. Beneficiaries under the Act:

i. Women: The Act covers women who have been living with the Respondent in a shared household and are related to him by blood, marriage, or adoption and includes women living as sexual partners in a relationship that is in the nature of marriage. Women in fraudulent or bigamous marriages or in marriages deemed invalid in law are also protected.

ii. Children: The Act also covers children who are below the age of 18 years and includes adopted, step or foster children who are the subjects of physical, mental, or economical torture. Any person can file a complaint on behalf of a child.

iii. Respondent: The Act defines the Respondent as any adult male person who is or has been in a domestic relationship with the aggrieved person and includes relatives of the husband or male partner.

Shared Household: A shared household is a household where the aggrieved person lives or has lived in a domestic relationship either singly or along with the Respondent. Such a household should be owned or tenanted, either jointly by both of them or by either of them, where either of them or both of them jointly or singly have any right, title, interest or equity in it. It also includes a household that may belong to the joint family of which the Respondent is a member, irrespective of whether the Respondent or person aggrieved has any right, title or interest in the shared household.

RIGHTS GRANTED TO WOMEN

Right to reside in a shared household:

The Act secures a woman's right to reside in the matrimonial or shared household even if she has no title or rights in the household. A part of the house can be allotted to her for her personal use. A court can pass a residence order to secure her right of residence in the household.

The Supreme Court has ruled in a recent judgment that a wife's claim for alternative accommodation lie only against her husband and not against her in-laws and that her right to 'shared household' would not extend to the self-acquired property of her in-laws.

Right to obtain assistance and protection:

A woman who is victimized by acts of domestic violence will have the right to obtain the services and assistance of Police Officers, Protection Officers, Service Providers, Shelter Homes and medical establishments as well as the right to simultaneously file her own complaint under Section 498 A of the Indian Penal Code for matrimonial cruelty.

Right to issuance of Orders:

She can get the following orders issued in her favour through the courts once the offence of domestic violence is prima facie established:

1. Protection Orders: The court can pass a protection order to prevent the accused from aiding or committing an act of domestic violence, entering the workplace, school or other places frequented by the aggrieved person, establishing any kind of communication with her, alienating any assets used by both parties, causing violence to her relatives or doing any other act specified in the Protection order.

2. Residence Orders: This order ensures that the aggrieved person is not dispossessed, her possessions not disturbed, the shared household is not alienated or disposed off, she is provided an alternative accommodation by the Respondent if she so requires, the Respondent is removed from the shared household and he and his relatives are barred from entering the area allotted to her. However, an order to remove oneself from the shared household cannot be passed against any woman.

3. Monetary Relief: The Respondent can be made accountable for all expenses incurred and losses suffered by the aggrieved person and her child due to the infliction of domestic violence. Such relief may include loss of earnings, medical expenses, loss or damage to property, and payments towards maintenance of the aggrieved person and her children.

4. Custody Orders: This order grants temporary custody of any child or children to the aggrieved person or any person making an application on her behalf. It may make arrangements for visit of such child or children by the Respondent or may disallow such visit if it is harmful to the interests of the child or children.

5. Compensation Orders: The Respondent may be directed to pay compensation and damages for injuries caused to the aggrieved person as a result of the acts of domestic violence by the Respondent. Such injuries may also include mental torture and emotional distressed caused to her.

6. Interim and Ex parte Orders: Such orders may be passed if it is deemed just and proper upon commission of an act of domestic violence or likelihood of such commission by the Respondent. Such orders are passed on the basis of an affidavit of the aggrieved person against the Respondent.

Right to obtain relief granted by other suits and legal proceedings:

The aggrieved person will be entitled to obtain relief granted by other suits and legal proceedings initiated before a civil court, family court or a criminal court.

LIABILITIES AND RESTRICTIONS IMPOSED UPON THE RESPONDENT

1. He can be subjected to certain restrictions as contained in the Protection and Residence order issued against him.

2. The Respondent can be made accountable for providing monetary relief to the aggrieved person and her children and pay compensation damages as directed in the Compensation order.

3. He has to follow the arrangements made by the court regarding the custody of the child or children of the aggrieved person as specified in the Custody order.

The Act does not permit any female relative of the husband or male partner to file a complaint against the wife or female partner.

AUTHORITIES RESPONSIBLE AND THEIR FUNCTIONS

The Act provides for appointment of Protection Officers and Service Providers by the state governments to assist the aggrieved person with respect to medical examination, legal aid, safe shelter and other assistance for accessing her rights.

Protection Officers: These are officers who are under the jurisdiction and control of the court and have specific duties in situations of domestic violence. They provide assistance to the court in preparing the petition filed in the magistrate's office, also called a Domestic Incident Report. It is their duty to provide necessary information to the aggrieved person on Service Providers and to ensure compliance with the orders for monetary relief.

Service Providers: These refer to organizations and institutions working for women's rights, which are recognized under the Companies Act or the Societies Registration Act. They must be registered with the state government to record the Domestic Incident Report and to help the aggrieved person in medical examination. It is their duty to approach and advise the aggrieved person of her rights under the law and assist her in initiating the required legal proceedings or taking appropriate protective measures to remedy the situation. The law protects them for all actions done in good faith and no legal proceedings can be initiated against them for the proper exercise of their powers under the Act.

Court of first class Judicial Magistrate or Metropolitan Magistrate: This shall be the competent court to deal with cases of domestic violence and within the local limits of this court, either of the parties must reside or carry on business or employment, or the cause of action must have arisen. The Magistrate is allowed to hold proceedings in camera if either party to the proceedings so desires.

General duties of Police Officers, Service Providers and Magistrate: Upon receiving a complaint or report of domestic violence or being present at the place of such an incident, they are under a duty to inform the aggrieved person of:

1. her right to apply for obtaining a relief or the various orders granted under the Act;

2. the availability of services of Service Providers and Protection Officers;

3. her right to obtain free legal services; and

4. her right to file a complaint under Section 498 A of the Indian Penal Code.

Counselors: The Magistrate may appoint any member of a Service Provider who possesses the prescribed qualifications and experience in counseling, for assisting the parties during the proceedings.

Welfare experts: The Magistrate can appoint them for assisting him in discharging his functions.

In charge of Shelter Homes: The person in charge of a shelter home shall provide shelter to the aggrieved person in the shelter home upon request made by the aggrieved person, a Protection Officer or a Service Provider on her behalf.

In charge of Medical Facilities: The person in charge of a medical facility shall provide medical aid to the aggrieved person upon request made by the aggrieved person, a Protection Officer or a Service Provider on her behalf.

Central and State Governments: Such governments are under a duty to ensure wide publicity of the provisions of this Act through all forms of public media at regular intervals, to provide awareness and training to all officers of the government, and to coordinate the services provided by all Ministries and various Departments.

PROCEDURE OF FILING COMPLAINT AND THE COURT'S DUTY

1. The aggrieved person or any other witness of the offence on her behalf can approach a Police Officer, Protection Officer, and Service Provider or can directly file a complaint with a Magistrate for obtaining orders or reliefs under the Act. The informant who in good faith provides information relating to the offence to the relevant authorities will not have any civil or criminal liability.

2. The court is required to take cognizance of the complaint by instituting a hearing within three days of the complaint being filed in the court.

3. The Magistrate shall give a notice of the date of hearing to the Protection Officer to be served on the Respondent and such other persons as directed by the Magistrate, within a maximum period of 2 days or such further reasonable time as allowed by the Magistrate.

4. The court is required to dispose of the case within 60 days of the first hearing.

5. The court, to establish the offence by the Respondent can use the sole testimony of the aggrieved person.

6. Upon finding the complaint genuine, the court can pass a Protection Order, which shall remain in force till the aggrieved person applies for discharge. If upon receipt of an application from the aggrieved person, the Magistrate is satisfied that the circumstances so require, he may alter, modify or revoke an order after recording the reasons in writing.

7. A complaint can also be filed under Section 498 A of the Indian Penal Code, which defines the offence of matrimonial cruelty and prescribes the punishment for the husband of a woman or his relative who subjects her to cruelty.

PENALTY/PUNISHMENT

1. For Respondent: The breach of Protection Order or interim protection order by the Respondent is a cognizable and non-bailable offence. It is punishable with imprisonment for a term, which may extend to one year or with fine, which may extend to twenty thousand rupees or with both. He can also be tried for offences under the Indian Penal Code and the Dowry Prohibition Act.

2. For Protection Officer: If he fails or does not discharge his duties as directed by the Magistrate without any sufficient cause, he will be liable for having committed an offence under the Act with similar punishment. However, he cannot be penalized without the prior sanction of the state government. Moreover, the law protects him for all actions taken by him in good faith.

APPEAL

An appeal can be made to the Court of Session against any order passed by the Magistrate within 30 days from the date of the order being served on either of the parties.

THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE RULES 2005

The Act empowers the Central government to make rules for carrying out the provisions of the Act. In exercise of this power the Central government has issued the Protection of Women from Domestic Violence Rules 2005 relating to the following matters:

1. the qualifications and experience to be possessed by a Protection Officer and the terms and conditions of his service;

2. the form and manner in which a domestic incident report may be made;

3. the form and the manner in which an application for Protection Order may be made to the Magistrate;

4. the form in which an application for legal aid and services shall be made;

5. the other duties to be performed by the Protection Officer;

6. the rules regulating registration of Service Providers;

7. the means of serving notices;

8. the rules regarding counseling and procedure to be followed by a Counselor;

9. the rules regarding shelter and medical assistance to the aggrieved person;

10. the rules regarding breach of Protection Orders.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Hello Madam.

You can prayed for compensation in D.V. act 2005 case Section 17 to section 22 deals with all the things you wants. Further you have to be prepare all your ordeal and then have to supply to your advocate who after gone through entire material will draft and prepare your D.V. act case. Don't worry you will get justice.

Regards

G.L.Soni

Advocate

G. L. Soni
Advocate, New Delhi
85 Answers
3 Consultations

5.0 on 5.0

Contact a local lawyer to file a DV Court There are some lawyers from Mumbai on this portal, who can help you.

Emotional abuse which you have been undergoing also qualifies as domestic violence.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

There is no question of deception or defamation in the chores of the marital life.

If you are disgusted or aggrieved and look for solution then you may either live separately away from him even by a judicial separation or by divorce.

If you have been meted out with cruelties then you may lodge a criminal complaint with the police under section 498a and other sections of IPC or even can resort to file a domestic violence case against them for the domestic abuses and vilest activities unleashed against you so far.

Under the given circumstances you may file a domestic violence case and also a maintenance case under section 125 cr.p.c.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

1. “compensation for mental torture/trauma you have undergone” - how to proceed? Please let me know the steps.

For the same should I file DV case?

Yes, under this act you can get the reliefs of protection, residence, maintenance, compensation and return of your articles including gold and other valuables.

2. How to proove DV? I have already mentioned that everything is verbal. politically telling lies my hunband has made me fool by taking advantages of my honest dedication towards him.

You do not have to produce documentary evidences to prove their violent activities and domestic abuses.

All the incidents took place within four walls hence your statement narrating the events chronologically may also help you to tide over the case and proper prosecution of the same.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

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